Blog

Full Text: Opposition Letter To The Chairman Of The Select Committee On The CJ

“It is also a matter of note that the Chief Justice has not been afforded the courtesies’ and privileges due to her office. We have made our position clear regarding these matters. It is the duty of the PSC to maintain the highest standard of fairness in conducting this inquiry. We also regrettably note that during these proceedings, the treatment meted out to the Chief Justice was insulting and intimidatory and the remarks made were clearly indicative of preconceived findings of guilt,” Opposition Members of the Select Committee wrote to the Chairman of Select Committee on the Chief Justice.

We publish below the full text of the letter;

7 December, 2012

The Chairman

Select Committee on the Chief Justice

Sir,

We the undersigned Members of the Select Committee wish to place on record the following matters:

In the course of the deliberations of the Committee, the following matters had been raised by us:

• The absence of a clear direction regarding the procedure to be followed by the Select Committee.

• Whether documents were to be made available to the Chief Justice and her lawyers.

• The standard of proof which would be required.

• The need to arrive at a definition of “misbehavior”.

• Whether sufficient time would be made available to the Chief Justice and her lawyers to study the documents.

We have also requested a direction whether the Chief Justice and her lawyers would be given an opportunity to cross-examine the several complainants who had made the charges against her.

It was also our position that if and only if a prima facie case had first been made out against the Chief Justice that she can be asked to respond.

None of these matters have been addressed by your Committee.

We also find that we are groping in the dark and proceeding on an ad hoc basis.

In addition we wish to note that over 300 documents were received by the Committee and handed over to the Members only on 5th December, 2012 and those were handed over to the Chief Justice only at 4.30 pm on 6th December, 2012.

We understand that there are several more documents to be produced.

The lawyers appearing for the Chief Justice asked for time to study the documents. This was refused.

Apart from the Chief Justice, we the Members of the Select Committee ourselves will need sufficient time to study these documents.

Furthermore the Chief Justice had not been provided with either a List of Documents or a List of Witnesses.

The sequence of events can be set down as follows:

When the motion was filed, there were no documents provided with it

The Inquiry started on 14th November 2012 without either a list of witnesses or a list of documents.

After three sittings the Secretary General was instructed to call for the documents from the Banks and other institutions.

What is obvious here is that when the Impeachment Motion was filed none of the signatories could have seen any of the documents.

It is regrettable that the Committee is ignoring salient provisions of the law and requirements of Natural Justice in the conduct of this Inquiry.

• Article 12(1) of the Constitution which guarantees equality and equal protection of the Law and Article 13(5) the presumption of innocence.

• Article 7 of the Human Rights Declaration guaranteeing equality before the law.

• Item 17 and 20 of the United Nations Basic Principles of the Independence of the Judiciary which guarantees to every judge the right to a fair hearing and an independent review of removal proceedings.

It is also a matter of note that the Chief Justice has not been afforded the courtesies and privileges due to her office.

We have made our position clear regarding these matters. It is the duty of the Select Committee to maintain the highest standards of fairness in conducting this inquiry.

We also regrettably note that during these proceedings, the treatment meted out to the Chief Justice was insulting and intimidatory and the remarks made were clearly indicative of preconceived findings of guilt.

We are therefore of the view that the Committee should, before proceeding any further, lay down the procedure that the Committee intends to follow in this inquiry.

Give adequate time to both the Members of the Committee and the Chief Justice and her lawyers to study and review the documents that had been tabled.

Afford the Chief Justice privileges necessary to uphold the dignity the Office of the Chief Justice while attending proceedings of the Committee.

If these matters are attended to, we feel that the Chief Justice should be invited to continue her participation in these proceedings.

However if the Committee is not agreeable to these proposals of ours we will be compelled to withdraw from the Committee.

Latest comments

Safa/December 7, 2012

0

0

The sham impeachment and harrasmment by the imbeciles Modawansa et al is now clearly exposed. It reveals the depths to which parliment has sunk due to corruption. This is now like a den of thugs and thieves where no decent person may enter and return unscathed.

117 MP’s have signed a document without any knowledge or even a thought as to what they are signing. 7 idiots are hell bent on finding the CJ guilty simply to please their high and allmighty president. They have breakfast for 3000 Rs, Lunch for 5000 Rs and Dinner for 10000? In addition each is given a duty free vehicle and millions to waste including employment for kith and kin.

This is the rotten system we have which is bleeding the country to death.

/

frank hilary/December 8, 2012

0

0

This is the reality whether you like it or not.

/

ananda lanerolle/December 7, 2012

/

S.H.Moulana/December 7, 2012

0

0

I am really saddened to note that the most disgusting part of the history of our country is taking placing within the four walls of the so called ‘parliament’. This show will wipe away the little left of our country as respect for judiciary. Every move taken by the rulers recently has done enough damage to Sr Lanka. Will the rulers ever realize what they are doing now? Stupidity of the highest order!

/

P.L.J.B.Palipana/December 7, 2012

0

0

Wimal Weerawansa is a Man Made Disaster to the Nation.He is shouting as a child in the Parliament and his anger with the WEST is only for his personal benefits.Really this man is a CROOK.

/

Polpala/December 7, 2012

0

0

Now the question is – will the people fighting against MR looking for a country without
all these nonsense or continue all these nonsense with a different faces other than MR?
My understanding is with out a proper and alternative program for the country opposition should
not be allowed disable the country. Asking to remove MR government without a alternative program means
opposition is planning to continue same wrongful things with different faces.

/

Mahanama/December 7, 2012

0

0

Two mad men in the PSC think others are mad too.A committee of puppets in the hands of a master puppeteer.

/

Piranha/December 7, 2012

0

0

It is good that the opposition members of the PSC also walked out saying that the hearing was biased, insulting to the CJ and very likely the outcome is predetermined by Rajapaksa’s hatchet men in the PSC. Hope the people of the country can see how the Rajapaksa regime is conducting itself and mobilise to overthrow it.

/

mohamed/December 7, 2012

0

0

This is time for wake up people againts mahinda and sons the whole family destroy all parts of this country including judi what is happening to Sri lanka mahinda and sons is doing this damages to wonderful sri lanka

/

/

justice/December 7, 2012

0

0

There are at least two honourable men among the MPs in parliament.
And,there two uncouth characters who refer to a lady by nicknames.

/

P.A.Samaraweera/December 7, 2012

0

0

The Chief Justices issue is a case of “Corruption”. So what is wrong in examining if this true or false. There are 14 allegations. In the case of 3 other previoius CJ’s who had been impeached, they had only one charge each. The Incumbent CJ and her husband had played out money. This is why she fled from the PSC meeting. The Opposition who complaints about corruption is now supporting her.
P.A.Samaraweera

/

Punchi Banda Nilame./December 7, 2012

0

0

I fully agree with the comments made by Mr.P.A. Samarawera.Why CJ and her lawyers failed to produce a copy of her Bank Statement ( NDB Bank A/c No 1011-1000-2058 ) from year 2007 t0 2012. Then we can see what she has done. Please, without talking nonsense asked CJ to publish this document only with the certification by the Bank. We know what her husband did at the NSB. Please you Lawyers don’t try to cover the truth. Let publish this Bank Statement . Then only people will decide.

/

Wuliangguobinjiu/December 7, 2012

0

0

Wow another “POOK” to add to the fire, Don’t suck ;)

SLRs; 250Million is pea nuts from western SL professional earning point of view.

/

Shanika/December 8, 2012

0

0

Really? Rs. 250 million is a peanuts? Then why didn’t CJ disclose that in tax return? Why did she withdraw all the money by March 31 of every year?

CJ couldn’t answer these and stepped out of the PSC.

/

CONTRARIAN/December 8, 2012

0

0

The system stinks.

The powers that be, behave as they do, as they have no focus on improving the lot for Sri Lankans. They are surprised by the power they have and without positive focus are flexing it, to test its strength.

The bigger question, then, is do we have people with focus who can replace them?

What we need now is people who have focus to be identified, BY THE PEOPLE of each Village, Town, Province and given pride of place, to use their focus to improve the lot of the people in the area.

What we need now is for these people with positive focus to educate the people in the village, town, province as to the responsibilities and rights they have as individuals, parents, citizens – highlighting the fact that ABUSE of power, responsibilities and freedom(s) starts with them. If they ABUSE the power they have for petty advantages(s), NOTHING will change.

For ABUSE of power, as an individual, will spiral to ABUSE of power, as a group …….. Herein, lies the problem.

All racial, Ethnic, political, religious differences are brought about by the ABUSE of power!

If what is good for one citizen is not good for another citizen, we have a problem.

To get over this SURMOUNTABLE problem, will all those who can recognize people with FOCUS in their homes, offices, Street, area – kindly seek help from them to do something positive to stop the abuse of power in their immediate environment.

What is being requested is that YOU who are reading this to eradicate the ABUSE of power in your environment. Slowly but surely, the eradication of ABUSE of power at your street level, will allow for the eradication of power from the village level, etc. etc.

Since, we live in a purr-f*ct Island, are you willing to STOP your abuse of power – to make the change happen?????

/

Citizen Silva/December 8, 2012

0

0

This chairman would have been suitable to fill the vacancy, in the Welikeda prison. ALUGOSUWA

/

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details.
Your email address will not be published.